BILL NUMBER: AB 2405	CHAPTERED  09/26/00

	CHAPTER   639
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JUNE 27, 2000
	AMENDED IN ASSEMBLY   MAY 3, 2000

INTRODUCED BY   Assembly Member Maddox

                        FEBRUARY 24, 2000

   An act to amend Sections 674, 699.510, 699.520, 699.540, 699.545,
700.010, and 700.160 of, and to add Section 680.135 to, the Code of
Civil Procedure, relating to judgments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2405, Maddox.  Abstract of judgment or decree:  contents.
   Existing law requires an abstract of a judgment or decree
requiring the payment of money to be certified by the clerk of the
court and to contain certain information, as specified.  Existing law
also provides that after entry of a money judgment, the clerk of the
court shall issue a writ of execution upon application by the
judgment creditor and the writ shall be directed to the levying
officer in the county where the levy is to be made and to any
registered process server, as specified.
   This bill would authorize the judgment creditor to file an
affidavit of identity, as defined, under penalty of perjury, that
states the name of the judgment debtor listed on the judgment, and
the additional name or names by which the judgment debtor is known.
The bill would require the court to approve the affidavit of identity
prior to the clerk of the court certifying an abstract of judgment
or issuing a writ of execution containing any additional name or
names by which the judgment debtor is known that are not listed on
the judgment.  The bill would authorize the court to determine,
without a hearing or notice, whether the affidavit of identity states
sufficient facts upon which the judgment creditor has identified the
additional names of the judgment debtor and, if so, would require
the court to authorize the certification of the abstract of judgment
or issuance of the abstract of judgment with the additional name or
names.  The bill would provide, in any case in which the writ of
execution lists any name other than the name listed on the judgment,
the levying officer to wait 15 days after service of the notice of
levy prior to enforcing the levy.  The bill would provide remedies
for 3rd parties whose property was erroneously subject to an
enforcement of judgment proceeding based upon the affidavit of
identity, as specified.  The bill would also make related changes and
impose related requirements.
   Under existing law, a deposit account or safe-deposit box standing
in the name of a person other than the judgment debtor, either alone
or together with other 3rd persons, is not subject to levy unless
authorized by court order.  Existing law provides exceptions to the
above for specified persons.
   This bill would additionally provide an exception for the
additional name of a judgment debtor listed on a writ of execution
pursuant to an affidavit of identity.
   This bill would incorporate additional changes in Section 699.510
of the Code of Civil Procedure proposed by AB 1358, to be operative
if this bill and AB 1358 are enacted and become effective on or
before January 1, 2001, and this bill is enacted last.
   Because this bill would impose additional duties on local
officials, and expand the crime of perjury, it would create a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 674 of the Code of Civil Procedure is amended
to read:
   674.  (a) Except as otherwise provided in Section 4506 of the
Family Code, an abstract of a judgment or decree requiring the
payment of money shall be certified by the clerk of the court where
the judgment or decree was entered and shall contain all of the
following:
   (1) The title of the court where the judgment or decree is entered
and cause and number of the action.
   (2) The date of entry of the judgment or decree and of any
renewals of the judgment or decree and where entered in the records
of the court.
   (3) The name and last known address of the judgment debtor and the
address at which the summons was either personally served or mailed
to the judgment debtor or the judgment debtor's attorney of record.
   (4) The name and address of the judgment creditor.
   (5) The amount of the judgment or decree as entered or as last
renewed.
   (6) The social security number and driver's license number of the
judgment debtor if they are known to the judgment creditor; and, if
either or both of those numbers are not known to the judgment
creditor, that fact shall be indicated on the abstract of judgment.
   (7) Whether a stay of enforcement has been ordered by the court
and, if so, the date the stay ends.
   (8) The date of issuance of the abstract.
   (b) An abstract of judgment, recorded after January 1, 1979, that
does not list the social security number and driver's license number
of the judgment debtor, or either of them, as required by subdivision
(a) or by Section 4506 of the Family Code, may be amended by the
recording of a document entitled "Amendment to Abstract of Judgment."
  The Amendment to Abstract of Judgment shall contain all of the
information required by this section or by Section 4506 of the Family
Code, shall list both the social security number and driver's
license number if both of those numbers were known at the date of
recordation of the original abstract of judgment, or one of them, if
only one was known, and shall set forth the date of recording and the
book and page location in the records of the county recorder of the
original abstract of judgment.
   A recorded Amendment to Abstract of Judgment shall have priority
as of the date of recordation of the original abstract of judgment,
except as to any purchaser, encumbrancer, or lessee who obtained
their interest after the recordation of the original abstract of
judgment but prior to the recordation of the Amendment to Abstract of
Judgment without actual notice of the original abstract of judgment.
  The purchaser, encumbrancer, or lessee without actual notice may
assert as a defense against enforcement of the abstract of judgment
the failure to comply with this section or Section 4506 of the Family
Code regarding the contents of the original abstract of judgment
notwithstanding the subsequent recordation of an Amendment to
Abstract of Judgment.  With respect to an abstract of judgment
recorded between January 1, 1979, and July 10, 1985, the defense
against enforcement for failure to comply with this section or
Section 4506 of the Family Code may not be asserted by the holder of
another abstract of judgment or involuntary lien, recorded without
actual notice of the prior abstract, unless refusal to allow the
defense would result in prejudice and substantial injury as used in
Section 475.  The recordation of an Amendment to Abstract of Judgment
does not extend or otherwise alter the computation of time as
provided in Section 697.310.
   (c) (1) The abstract of judgment shall be certified in the name of
the judgment debtor as listed on the judgment and may also include
the additional name or names by which the judgment debtor is known as
set forth in the affidavit of identity, as defined in Section
680.135, filed by the judgment creditor with the application for
issuance of the abstract of judgment.  Prior to the clerk of court
certifying an abstract of judgment containing any additional name or
names by which the judgment debtor is known that are not listed on
the judgment, the court shall approve the affidavit of identity.  If
the court determines, without a hearing or a notice, that the
affidavit of identity states sufficient facts upon which the judgment
creditor has identified the additional names of the judgment debtor,
the court shall authorize the certification of the abstract of
judgment with the additional name or names.
   (2) The remedies provided in Section 697.410 apply to a recorded
abstract of a money judgment based upon an affidavit of identity that
appears to create a judgment lien on real property of a person who
is not the judgment debtor.
  SEC. 2.  Section 680.135 is added to the Code of Civil Procedure,
to read:
   680.135.  "Affidavit of Identity" means an affidavit or
declaration executed by a judgment creditor, under penalty of
perjury, that is filed with the clerk of the court in which the
judgment is entered at the time the judgment creditor files for a
writ of execution or an abstract of judgment.  The affidavit of
identity shall set forth the case name and number, the name of the
judgment debtor stated in the judgment, the additional name or names
by which the judgment debtor is known, and the facts upon which the
judgment creditor has relied in obtaining the judgment debtor's
additional name or names.  The affidavit of identity shall not
include the name or names of persons, including any corporations,
partnerships, or any legal entities not separately named in the
judgment in which the judgment debtor is a partner, shareholder, or
member, other than the judgment debtor.
  SEC. 3.  Section 699.510 of the Code of Civil Procedure is amended
to read:
   699.510.  (a) Subject to subdivision (b), after entry of a money
judgment, a writ of execution shall be issued by the clerk of the
court upon application of the judgment creditor and shall be directed
to the levying officer in the county where the levy is to be made
and to any registered process server.  A separate writ shall be
issued for each county where a levy is to be made.  Writs may be
issued successively until the money judgment is satisfied, except
that a new writ may not be issued for a county until the expiration
of 180 days after the issuance of a prior writ for that county unless
the prior writ is first returned.
   (b) If the judgment creditor seeks a writ of execution to enforce
a judgment made, entered, or enforceable pursuant to the Family Code,
in addition to the requirements of this article, the judgment
creditor shall satisfy the requirements of any applicable provisions
of Chapter 7 (commencing with Section 5100) of Part 5 of Division 9
of the Family Code and Sections 290, 291, 2026, and 3556 of the
Family Code.
   (c) (1) The writ of execution shall be issued in the name of the
judgment debtor as listed on the judgment and may include the
additional name or names by which the judgment debtor is known as set
forth in the affidavit of identity, as defined in Section 680.135,
filed by the judgment creditor with the application for issuance of
the writ of execution.   Prior to the clerk of court issuing a writ
of execution containing any additional name or names by which the
judgment debtor is known that are not listed on the judgment, the
court shall approve the affidavit of identity.  If the court
determines, without a hearing or a notice, that the affidavit of
identity states sufficient facts upon which the judgment creditor has
identified the additional names of the judgment debtor, the court
shall authorize the issuance of the writ of execution with the
additional name or names.
   (2) In any case where the writ of execution lists any name other
than that listed on the judgment, the person in possession or control
of the levied property, if other than the judgment debtor, shall not
pay to the levying officer the amount or deliver the property being
levied upon until being notified to do so by the levying officer.
The levying officer may not require the person, if other than the
judgment debtor, in possession or control of the levied property to
pay the amount or deliver the property levied upon until the
expiration of 15 days after service of notice of levy.
   (3) If a person who is not the judgment debtor has property
erroneously subject to an enforcement of judgment proceeding based
upon an affidavit of identity, the person shall be entitled to the
recovery of reasonable attorneys' fees and costs from the judgment
creditor incurred in releasing the person's property from a writ of
execution, in addition to any other damages or penalties to which an
aggrieved person may be entitled to by law, including the provisions
of Division 4 (commencing with Section 720.010).
  SEC. 3.1.  Section 699.510 of the Code of Civil Procedure is
amended to read:
   699.510.  (a) Subject to subdivision (b), after entry of a money
judgment, a writ of execution shall be issued by the clerk of the
court upon application of the judgment creditor and shall be directed
to the levying officer in the county where the levy is to be made
and to any registered process server.  A separate writ shall be
issued for each county where a levy is to be made.  Writs may be
issued successively until the money judgment is satisfied, except
that a new writ may not be issued for a county until the expiration
of 180 days after the issuance of a prior writ for that county unless
the prior writ is first returned.
   (b) If the judgment creditor seeks a writ of execution to enforce
a judgment made, entered, or enforceable pursuant to the Family Code,
in addition to the requirements of this article, the judgment
creditor shall satisfy the requirements of any applicable provisions
of the Family Code.
   (c) (1) The writ of execution shall be issued in the name of the
judgment debtor as listed on the judgment and may include the
additional name or names by which the judgment debtor is known as set
forth in the affidavit of identity, as defined in Section 680.135,
filed by the judgment creditor with the application for issuance of
the writ of execution.   Prior to the clerk of court issuing a writ
of execution containing any additional name or names by which the
judgment debtor is known that are not listed on the judgment, the
court shall approve the affidavit of identity.  If the court
determines, without a hearing or a notice, that the affidavit of
identity states sufficient facts upon which the judgment creditor has
identified the additional names of the judgment debtor, the court
shall authorize the issuance of the writ of execution with the
additional name or names.
   (2) In any case where the writ of execution lists any name other
than that listed on the judgment, the person in possession or control
of the levied property, if other than the judgment debtor, shall not
pay to the levying officer the amount or deliver the property being
levied upon until being notified to do so by the levying officer.
The levying officer may not require the person, if other than the
judgment debtor, in possession or control of the levied property to
pay the amount or deliver the property levied upon until the
expiration of 15 days after service of notice of levy.
   (3) If a person who is not the judgment debtor has property
erroneously subject to an enforcement of judgment proceeding based
upon an affidavit of identity, the person shall be entitled to the
recovery of reasonable attorneys' fees and costs from the judgment
creditor incurred in releasing the person's property from a writ of
execution, in addition to any other damages or penalties to which an
aggrieved person may be entitled to by law, including the provisions
of Division 4 (commencing with Section 720.010).
  SEC. 4.  Section 699.520 of the Code of Civil Procedure is amended
to read:
   699.520.  The writ of execution shall require the levying officer
to whom it is directed to enforce the money judgment and shall
include the following information:
   (a) The date of issuance of the writ.
   (b) The title of the court where the judgment is entered and the
cause and number of the action.
   (c) The name and address of the judgment creditor and the name and
last known address of the judgment debtor.
   (d) The date of the entry of the judgment and of any subsequent
renewals and where entered in the records of the court.
   (e) The total amount of the money judgment as entered or renewed,
together with costs thereafter added to the judgment pursuant to
Section 685.090 and the accrued interest on the judgment from the
date of entry or renewal of the judgment to the date of issuance of
the writ, reduced by any partial satisfactions and by any amounts no
longer enforceable.
   (f) The amount required to satisfy the money judgment on the date
the writ is issued.
   (g) The amount of interest accruing daily on the principal amount
of the judgment from the date the writ is issued.
   (h) Whether any person has requested notice of sale under the
judgment and, if so, the name and mailing address of such person.
   (i) The sum of the fees and costs added to the judgment pursuant
to Section 6103.5 or 68511.3 of the Government Code and which is in
addition to the amount owing to the judgment creditor on the
judgment.
   (j) Whether the writ of execution includes any additional names of
the judgment debtor pursuant to an affidavit of identity, as defined
in Section 680.135.
  SEC. 5.  Section 699.540 of the Code of Civil Procedure is amended
to read:
   699.540.  The notice of levy required by Article 4 (commencing
with Section 700.010) shall inform the person notified of all of the
following:
   (a) The capacity in which the person is notified.
   (b) The property that is levied upon.
   (c) The person's rights under the levy, including the right to
claim an exemption pursuant to Chapter 4 (commencing with Section
703.010) and the right to make a third-party claim pursuant to
Division 4 (commencing with Section 720.010).
   (d) The person's duties under the levy.
   (e) All names listed in the writ of execution pursuant to an
affidavit of identity, as defined in Section 680.135, if any.
  SEC. 6.  Section 699.545 of the Code of Civil Procedure is amended
to read:
   699.545.  A copy of the original notice of levy which has been
served upon a third party holding the property sought to be levied
upon and the affidavit of identity, as defined in Section 680.135, if
any, if served upon the judgment debtor or any other party, shall
suffice as the notice of levy to that person.
  SEC. 7.  Section 700.010 of the Code of Civil Procedure is amended
to read:
   700.010.  (a) At the time of levy pursuant to this article or
promptly thereafter, the levying officer shall serve a copy of the
following on the judgment debtor:
   (1) The writ of execution.
   (2) A notice of levy.
   (3) If the judgment debtor is a natural person, a copy of the form
listing exemptions prepared by the Judicial Council pursuant to
subdivision (c) of Section 681.030.
   (4) Any affidavit of identity, as defined in Section 680.135, for
names of the debtor listed on the writ of execution.
   (b) Service under this section shall be made personally or by
mail.
  SEC. 8.  Section 700.160 of the Code of Civil Procedure is amended
to read:
   700.160.  (a) Except as provided in subdivision (b), a deposit
account or safe-deposit box standing in the name of a person other
than the judgment debtor, either alone or together with other third
persons, is not subject to levy under Section 700.140 or 700.150
unless the levy is authorized by court order.  The levying officer
shall serve a copy of the court order on the third person at the time
the copy of the writ of execution and the notice of levy are served
on the third person.
   (b) A court order is not required as a prerequisite to levy on a
deposit account or safe-deposit box standing in the name of any of
the following:
   (1) The judgment debtor, whether alone or together with third
persons.
   (2) The judgment debtor's spouse, whether alone or together with
other third persons.  An affidavit showing that the person in whose
name the account stands is the judgment debtor's spouse shall be
delivered to the financial institution at the time of levy.
   (3) A fictitious business name if an unexpired fictitious business
name statement filed pursuant to Chapter 5 (commencing with Section
17900) of Part 3 of Division 7 of the Business and Professions Code
lists as the persons doing business under the fictitious business
name either (A) the judgment debtor or (B) the judgment debtor's
spouse or (C) the judgment debtor and the judgment debtor's spouse,
but does not list any other person.  A copy of a fictitious business
name statement, certified as provided in Section 17926 of the
Business and Professions Code, that satisfies these requirements
shall be delivered to the financial institution at the time of levy,
and if a person other than the defendant is listed in the statement,
an affidavit showing that the other person is the judgment debtor's
spouse shall also be delivered to the financial institution at the
time of levy.
   (4) The additional name of a judgment debtor listed on the writ of
execution pursuant to an affidavit of identity as provided by
Section 680.135, whether alone or together with third persons.
   (c) In any case where a deposit account in the name of a person
other than the judgment debtor, whether alone or together with the
judgment debtor, is levied upon, the financial institution shall not
pay to the levying officer the amount levied upon until being
notified to do so by the levying officer.  The levying officer may
not require the financial institution to pay the amount levied upon
until the expiration of 15 days after service of notice of levy on
the third person.
  SEC. 9.  Section 3.1 of this bill incorporates amendments to
Section 699.510 of the Code of Civil Procedure proposed by both this
bill and AB 1358.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 699.510 of the Code of Civil Procedure, and
(3) this bill is enacted after AB 1358, in which case Section 3 of
this bill shall not become operative.
  SEC. 10.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.

